EUROPEAN COMMISSIOl SECRETARIAT-GENERAL

Transcription

1 Ref. Ares(2014) /12/2014 и Ref. Ares(2014) /11/2014 EUROPEAN COMMISSIOl SECRETARIAT-GENERAL The Secretary General DOCUMENT 37 Brussels, SG/B3 Ares(2014) 1 Ą NOV. 20И URGENT Note to the Members of the Ad-Нос Ethical Committee Mr Nikolaus Van der Pas Mr Rafael Garcia-Valdecasas Mr Terry Wynn Subject: Former Commissioner Algirdas Semeta's planned post-office occupation Please find enclosed former Commissioner Algirdas Semeta's sent to me on November 13 (with its enclosure), requesting the Commission's urgent clearance of his envisaged assignment as Ukrainian Business Ombudsman. This position of "Business Ombudsman Institution" is foreseen in the Memorandum of Understanding for the Ukrainian Anti-Corruption Initiative and presents therefore a possible link with former Commissioner Semeta's portfolio as Commissioner in charge of in charge of Taxation and Customs Unit, Audit and Anti-Fraud. May I ask you to provide the Commission with your opinion on this activity with regard to the Code of Conduct for Commissioners and to treat this matter with all possible urgence. Thank you in advance for your swift cooperation. Catherine Day Enel: Mr Semeta's of (+ enclosure) Template for the Ad hoc Ethical Committee's opinion Commission européenne/europese Commissie, 1049 Bruxelies/Brussel, BELGIQUE/BELGIë - Tel

2 DOCUMENT 38 Ü Ref Ares(2014)3854?17-19/11/2014 Opinion of the Ad-Нос Ethical Committee regarding former Commissioner Algirdas Semata, delivered at the Commission's request of 14 November 2014, Ref. AresÌ2014) By of 13 November 2014, Mr Algirdas Semata Informed Ms Catherine Day, Secretary General of the European Commission that "I was selected as a preferred candidate to become Business Ombudsman in Ukraine (...).Thls Is a completely new, independent position, which will be established In accordance with the Memorandum of Understanding for Ukrainian Antl-Corruptlon Initiative signed on 12 May 2014 by the Government of Ukraine, EBRD, OECD and 5 Ukrainian business organisations (...). I accepted this offer subject to the clearance by the European Commission." 2. In her of 14 November 2014, Ms Day asked the Ad-Нос Ethical Committee to give its opinion on Mr Semata's request, taking into account that "This position of "Business Ombudsman Institution" is foreseen In the Memorandum of Understanding for the Ukrainian.J' Anti-Corruption Initiative and presents therefore a possible link with former Commissioner Semeta's portfolio as Commissioner in charge of in charge of Taxation and Customs Unit, Audit and Anti-Fraud." 3. The Committee notes that the Business Ombudsman Institution Is foreseen In the Memorandum of Understanding of the Anti-Corruption Initiative for Ukraine, bringing together: the Government of Ukraine, the European Bank for Reconstruction and Development, the Organisation for Economic Co-Operation and Development, the American Chamber of Commerce In Ukraine, the European Business Association, the Federation of Ukrainian Employers, the Ukrainian Chamber of Commerce and Industry and the Ukrainian League of Industrialists and Entrepreneurs. 4. The Committee notes that according to the Memorandum of Understanding, the Group of Parties of the Anti-Corruption Initiative for Ukraine, listed above, act as governing body of the Business Ombudsman Institution and is therefore the Ombudsman's employer. 5. The Committee notes that the functions and competences of the Business Ombudsman Institution are described as follows in the Memorandum of Understanding: a. "Receives, examines, and facilitates the resolution of complaints by business of unfair treatment including corruption; and b. Ascertains the systemic causes of the unfair treatment of business and corruption, and shares its findings with the public and the appropriate public authorities." 6. Furthermore, the Committee notes that "The Business Ombudsman Institution Is independent of government and all other stakeholders". 7. The Committee concludes that here is indeed a link between former Commisioner Algirdas Semata's Intention to accept the nomination as "Ukraine Business Ombudsman" and his previous responsibilities as Commissioner In charge of "Taxation and Customs Union, Audit and Anti-Fraud". It can be argued that the main motivation for Mr Semata to accept the nomination, and for the "Parties to the MoU for the Anti-Corruption Initiative for Ukraine" to offer it, is his privileged knowledge, experience and insight obtained during his time of office. The business community is one of the "Parties" and could expect to gain specific benefits from Mr Semata's former insider position. 8. The Ad-Нос Ethical Committee considers that such arguments must be weighed against

3 I a) the context of the selection and nomination procedures, which require unanimous agreement of all the "Parties to the Moll for the Anti-Corruption Initiative for Ukraine": Government, Business representatives and international Financial institutions; b) the independence of the Ombudsman of any of the stake holders, as well as his obligation to ensure transparency by publishing his findings; c) the overall framework of the position of the EU and a wide international community in support of the strengthening of Ukraine's democratic development and integrity in which the fight against corruption is recognized as an essential element; d) the challenging conditions in Ukraine under which the position and the institution of the Ombudsman must be created, fulfilled and operated. The Committee's opinion In view of these considerations, the Ad-Нос Ethical Committee concludes that a) the position of "Ukraine Business Ombudsman" is essentially one of independent service in the public interest; b) by accepting his selection and nomination. If conflrmed, former Commissioner Semata acts in conformity with the Code of Conduct for Commissioners. Date: 18 November 2014 Nikolaus van der Pas, Chair Rafael Garcia-Valdecasas Terry Wynn

4 DOCUMENT 39 I, COMMISSION EUROPÉENNE aíšiv SECRÉTARIAT GÉNÉRAL Bruxelles, le 21 novembre 2014 C(2014) 9025 CÇM^^SSIQ^ INTERNĘ OJ 2107 ACTIVITES APRES CESSATION DE FONCTION D'UN MEMBRE DE LA COMMISSION Communication de M. le PRESIDENT Cette question est inscrite à l'ordre du jour de la 2107* " réunion de la Commission le 25 novembre Destinataires : Membres de la Commission

5 MEMORANDUM FROM THE PRESIDENT TO THE COMMISSION According to Article 245(2) of the Treaty on the Functioning of the European Union, the Members of the Commission give a solemn undertaking thai, both during and after their term of office, they will respect the obligations arising thereftom and, in particular, their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. Further to this Treaty provision, the Code of Conduct for Commissioners (C (2011) 2904 fina!) establishes a specific procedure for the assessment of planned occupations which former Commissioners intend to take up during the eighteen months after they have ceased to hold office. The Commission shall examine the nature of the planned occupation and, if the activity is related to the content of the Commissioner's portfolio, it shall seek the opinion of the Ad hoc Ethical Committee. With his notification of 13 November 2014 to the Secretary-General of the Commission, former Commissioner Algirdas Semeta informed the Commission that he had been selected to become the holder of the function of "Business Ombudsman Institution" in Ukraine (hereafter Ukraine Business Ombudsman) and that he had accepted this offer subject to the European Commission's clearance. He underlined in his request that this position would enable him to contribute practically to the improvement of business climate, to combatting corruption and to the promotion of European values in Ukraine. The Business Ombudsman Institution was created in the context of the Memorandum of Understanding (signed on 12 May 2014) of the Anti-Corruption Initiative for Ukraine, whose contracting parties are the Government of Ukraine, the European Bank for Reconstruction and Development, the Organisation for Economic Co-Operation and Development, the American Chamber of Commerce in Ukraine, the European Business Association, the Federation of Ukrainian Employers, the Ukrainian Chamber of Commerce and Industry and the Ukrainian League of Industrialists and Entrepreneurs. The mandate of the Business Ombudsman Institution is to "(a) receive, examine, and facilitate the resolution of complaints by business of unfair treatment including corruption; and (b) ascertain the systemic causes of the unfair treatment of business and corruption, and share its findings with the public and the appropriate public authorities." In view of the link between this activity and former Commissioner Semeta's responsibilities in the field of "Taxation and Customs Union, Audit and Anti-Fraud", the opinion of the Ad hoc Ethical Committee was requested on 14 November 2014, in line with section 1.2 of the Code of Conduct for Commissioners. The Ad hoc Ethical Committee delivered its opinion on 18 November The Conutnittee noted that the "Group of Parties" foreseen in the Memorandum of Understanding acts as governing body of the Business Ombudsman Institution and is therefore the Ombudsman's employer. It also noted that the Business Ombudsman Institution is independent of Government and all other stakeholders. The Committee stated that "it can be argued that the main motivation for Mr Smeta to accept the nomination, and for the Contracting Parties of the Anti-Corruption Initiative for Ukraine to offer it, is Mr Semeta's privileged knowledge, experience and insight"

6 obtained during his time as Commissioner in charge of Taxation and Customs Union, Audit and Anti-Fraud. The Committee also noted that "the business community is one of the "Parties" and could expect to gain specific benefits from Mr Semeta's former insider position". The Ad-hoc Ethical Committee noted however that the considerations stated above should be weighed against the selection and nomination procedures, which require the unanimous agreement of all parties to the Memorandum of Understanding; the independence and the transparency of the function; the overall framework of the position of the EU and a wide international community in support of the strengthening of Ukraine's democratic development and integrity in which the fight against corruption is recognized as an essential element; and finally the challenging conditions in Ukraine under which the position and the institution of the Ombudsman must be created, fulfilled and operated. The Ad-hoc Ethical Committee concluded that (a) the position of Ukraine Business Ombudsman is essentially one of independent service in the public interest and that (b), by accepting his selection and nomination, if confirmed; former Commissioner Semeta acts in conformity with the Code of Conduct for Commissioners. The assessment carried out at service level concluded that the activity envisaged is in line with the EU's support to the Anti-Corruption Initiative for Ukraine and that the selection of Mr. Semeta's for this function is a recognition of his competence, experience and independence in the field of anti-fraud and anti-corruption. *** The Commission is invited: to examine the nature of former Commissioner Algirdas Semeta's envisaged activity as holder of the function of Business Ombudsman Institution created by the Memorandum of Understanding of the Anti-Corruption Initiative for Ukraine; to take note of the favourable opinion of the Ad hoc Ethical Committee; to decide that former Commissioner Semeta's occupation above mentioned is compatible with Article 245(2) of the TFEU.

7 Ref. Ares(2014) /11/2014 EUROPEAN COMMISSr" SECRETARIAT-GENERAL The Secretary General DOCUMENT 41 Brussels, SG/B3 Ares(2014) Mr Algirdas Semeta By to. Dear Mr Semeta, I am pleased to inform you that the Commission adopted a decision during its 2107 th meeting of 25 November 2014 authorising you to accept the assignment as Ukraine Business Ombudsman (holder of the function of "Business Ombudsman Institution") for which you have been selected by the Group of Parties of the Anti-Corruption Initiative for Ukraine. Yours sincerely Catherine Day Enel: Commission Decision C(2014) 9025 Commission européenne/europese Commissie, 1049 Bruxelies/Brussel, BELGIQUE/BELGIë - Tel Office: BERL 13/173 - Tel. direct line Fax Catherine. xxx@xx.xxxxxx.xx

8 Ï-. COMMISSION EUROPÉENNE DOCUMENT 39 SECRÉTARIAT GÉNÉRAL Bruxelles, le 21 novembre 2014 C(2014) 9025 COMMISSION INTERNE OJ 2107 ACTIVITES APRES CESSATION DE FONCTION D'UN MEMBRE DE LA COMMISSION Communication de M. le PRESIDENT Cette question est inscrite à l'ordre du jour de la ZIO? 4 réunion de la Commission le 25 novembre Destinataires : Membres de la Commission

9 obtained during his time as Commissioner in charge of Taxation and Customs Union, Audit and Anti-Fraud. The Committee also noted that "the business community is one of the "Parties " and could expect to gain specific benefits from Mr Semeta 's former insider position". The Ad-hoc Ethical Committee noted however that the considerations stated above should be weighed against the selection and nomination procedures, which require the unanimous agreement of all parties to the Memorandum of Understanding; the independence and the transparency of the function; the overall ftamework of the position of the EU and a wide international community in support of the strengthening of Ukraine's democratic development and integrity in which the fight against corruption is recognized as an essential element; and finally the challenging conditions in Ukraine under which the position and the institution of the Ombudsman must be created, fulfilled and operated. The Ad-hoc Ethical Committee concluded that (a) the position of Ukraine Business Ombudsman is essentially one of independent service in the public interest and that (b), by accepting his selection and nomination, if confirmed; former Commissioner Semeta acts in conformity with the Code of Conduct for Commissioners. The assessment carried out at service level concluded that the activity envisaged is in line with the EU's support to the Anti-Corruption Initiative for Ukraine and that the selection of Mr. Semeta's for this function is a recognition of his competence, experience and independence in the field of anti-fraud and anti-corruption. *** The Commission is invited: to examine the nature of former Commissioner Algirdas Semeta's envisaged activity as holder of the function of Business Ombudsman Institution created by the Memorandum of Understanding of the Anti-Corruption Initiative for Ukraine; to take note of the favourable opinion of the Ad hoc Ethical Committee; to decide that former Commissioner Semeta's occupation above mentioned is compatible with Article 245(2) of the TFEU.

10 MEMORANDUM FROM THE PRESIDENT TO THE COMMISSION According to Article 245(2) of the Treaty on the Functioning of the European Union, lhe Members of the Commission give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and, in particular, their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. Further to this Treaty provision, the Code of Conduct for Commissioners (C (2011) 2904 final) establishes a specific procedure for the assessment of planned occupations which former Commissioners intend to take up during the eighteen months after they have ceased to hold office. The Commission shall examine the nature of the planned occupation and, if the activity is related to the content of the Commissioners portfolio, it shall seek the opinion of the Ad hoc Ethical Committee. With his notification of 13 November 2014 to the Secretary-General of the Commission, former Commissioner Algirdas Semeta informed the Commission that he had been selected to become the holder of the function of "Business Ombudsman Institution" in Ukraine (hereafter Ukraine Business Ombudsman) and that he had accepted this offer subject to the European Commission's clearance. He underlined in his request that this position would enable him to contribute practically to the improvement of business climate, to combatting corruption and to the promotion of European values in Ukraine. The Business Ombudsman Institution was created in the context of the Memorandum of Understanding (signed on 12 May 2014) of the Anti-Corruption Initiative for Ukraine, whose contracting parties are the Government of Ukraine, the European Bank for Reconstruction and Development, the Organisation for Economic Co-Operation and Development, the American Chamber of Commerce in Ukraine, the European Business Association, the Federation of Ukrainian Employers, the Ukrainian Chamber of Commerce and Industry and the Ukrainian League of Industrialists and Entrepreneurs. The mandate of the Business Ombudsman Institution is to "(a) receive, examine, and facilitate the resolution of complaints by business of unfair treatment including corruption; and (b) ascertain the systemic causes of the unfair treatment of business and corruption, and share its findings with the public and the appropriate public authorities." In view of the link between this activity and former Commissioner Semeta's responsibilities in the field of "Taxation and Customs Union, Audit and Anti-Fraud", the opinion of the Ad hoc Ethical Committee was requested on 14 November 2014, in line with section 1.2 of the Code of Conduct for Commissioners. The Ad hoc Ethical Committee delivered its opinion on 18 November The Committee noted that the "Group of Parties" foreseen in the Memorandum of Understanding acts as governing body of the Business Ombudsman Institution and is therefore the Ombudsman's employer. It also noted that the Business Ombudsman Institution is independent of Government and all other stakeholders. The Committee stated that "it can be argued that the main motivation for Mr Semeta to accept the nomination, and for the Contracting Parties of the Anti-Corruption Initiative for Ukraine to offer it, is Mr Semeta's privileged knowledge, experience and insight"

11 Ref. Ares(2014) /11/2014 EUROPEAN COMMISSION SECRETARIAT-GENERAL The Secretary General DOCUMENT 42 Brussels, 2 6 NOV SG/B3 Ares(2014) Note to the Members of the Ad-Нос Ethical Committee Mr Nikolaus Van der Pas Mr Rafael Garcia-Valdecasas Mr Terry Wynn Subject: Commission Decision on former Commisioner Algirdas Semeta's function as Ukrainian Business Ombudsman Please find enclosed, for your information, Commission Decision C(2014) 9025, adopted at its 2107 th meeting of 25 November 2014, about former Commissioner Algirdas Semeta's envisaged function as Ukraine Business Ombudsman. I take this opportunity to thank you for the Committee's opinion of 18 November Catherine Day Enel: Commission Decision C(2014) 9025 Commission européenne/europese Commissie, 1049 Bruxelies/Brussel, BELGIQUE/BELGIË - Tel

12 COMMISSION EUROPÉENNE DOCUMENT 39 SECRÉTARIAT GÉNÉRAL Bruxelles, le 21 novembre 2014 C(2014) 9025 COMMISSION INTERNE OJ 2107 ACTIVITES APRES CESSATION DE FONCTION D'UN MEMBRE DE LA COMMISSION Communication de M. le PRESIDENT Cette question est inscrite à l'ordre du jour de la 2107 ime réunion de la Commission le 25 novembre Destinataires : Membres de la Commission

13 obtained during his time as Commissioner in charge of Taxation and Customs Union, Audit and Anti-Fraud. The Committee also noted that "the business community is one of the "Parties " and could expect to gain specific benefits from Mr Semeta's former insider position". The Ad-hoc Ethical Committee noted however that the considerations stated above should be weighed against the selection and nomination procedures, which require the unanimous agreement of all parties to the Memorandum of Understanding; the independence and the transparency of the function; the overall framework of the position of the EU and a wide international community in support of the strengthening of Ukraine's democratic development and integrity in which the fight against corruption is recognized as an essential element; and finally the challenging conditions in Ukraine under which the position and the institution of the Ombudsman must be created, fulfilled and operated. The Ad-hoc Ethical Committee concluded that (a) the position of Ukraine Business Ombudsman is essentially one of independent service in the public interest and that (b), by accepting his selection and nomination, if confiimed; former Commissioner Semeta acts in conformity with the Code of Conduct for Commissioners. The assessment carried out at service level concluded that the activity envisaged is in line with the EU's support to the Anti-Corruption Initiative for Ukraine and that the selection of Mr. Semeta's for this function is a recognition of his competence, experience and independence in the field of anti-fraud and anti-corruption. *** The Commission is invited: to examine the nature of former Commissioner Algirdas Semeta's envisaged activity as holder of the function of Business Ombudsman Institution created by the Memorandum of Understanding of the Anti-Corruption Initiative for Ukraine; to take note of the favourable opinion of the Ad hoc Ethical Committee; to decide that former Commissioner Semeta's occupation above mentioned is compatible with Article 245(2) of the TFEU.

14 MEMORANDT JM FROM THE PRESIDENT TO THE COMMISSION According to Article 245(2) of the Treaty on the Functioning of the European Union, the Members of the Commission give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and, in particular, their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. Further to this Treaty provision, the Code of Conduct for Commissioners (C (2011) 2904 final) establishes a specific procedure for the assessment of planned occupations which former Commissioners intend to take up during the eighteen months after they have ceased to hold office. The Commission shall examine the nature of the planned occupation and, if the activity is related to the content of the Commissioner's portfolio, it shall seek the opinion of the Ad hoc Ethical Committee. With his notification of 13 November 2014 to the Secretary-General of the Commission, former Commissioner Algirdas Semeta informed the Commission that he had been selected to become the holder of the function of "Business Ombudsman Institution" in Ukraine (hereafter Ukraine Business Ombudsman) and that he had accepted this offer subject to the European Commission's clearance. He underlined in his request that this position would enable him to contribute practically to the improvement of business climate, to combatting corruption and to the promotion of European values in Ukraine. The Business Ombudsman Institution was created in the context of the Memorandum of Understanding (signed on 12 May 2014) of the Anti-Corruption Initiative for Ukraine, whose contracting parties are the Government of Ukraine, the European Bank for Reconstruction and Development, the Organisation for Economic Co-Operation and Development, the American Chamber of Commerce in Ukraine, the European Business Association, the Federation of Ukrainian Employers, the Ukrainian Chamber of Commerce and Industry and the Ukrainian League of Industrialists and Entrepreneurs. The mandate of the Business Ombudsman Institution is to "(a) receive, examine, and facilitate the resolution of complaints by business of unfair treatment including corruption; and (b) ascertain the systemic causes of the unfair treatment of business and corruption, and share its findings with the public and the appropriate public authorities." In view of the link between this activity and former Commissioner Semeta's responsibilities in the field of "Taxation and Customs Union, Audit and Anti-Fraud", the opinion of the Ad hoc Ethical Committee was requested on 14 November 2014, in line with section 1.2 of the Code of Conduct for Commissioners. The Ad hoc Ethical Committee delivered its opinion on 18 November The Committee noted that the "Group of Parties" foreseen in the Memorandum of Understanding acts as governing body of the Business Ombudsman Institution and is therefore the Ombudsman's employer. It also noted that the Business Ombudsman Institution is independent of Government and all other stakeholders. The Committee stated that "it can be argued that the main motivation for Mr Semeta to accept the nomination, and for the Contracting Parties of the Anti-Corruption Initiative for Ukraine to offer it, is Mr Semeta's privileged knowledge, experience and insight"